It is vital to remember that the granting of a freezing order is only the start, not the end, of a potentially long process. Whether you are an applicant or defendant, we can advise you on the next steps after issue of the order.
After a freezing order is granted at the first hearing, the applicant is under certain obligations moving forward. These are as follows:
- the applicant must arrange for all relevant court paperwork to be served properly. This includes service of the order, application notice and supporting evidence on every other party named on the other (together with certain third parties). If an applicant fails to serve the paper work on the parties named in the order, the freezing order / freezing injunction may be discharged and the applicant may face a potentially large costs order against it;
- an applicant is also obliged to issue an application notice for continuation of the freezing order in advance of the return date hearing. This needs to be done immediately after the granting of the freezing injunction and be included in the papers to be served on a respondent; and
- the applicant is also under an obligation to pursue the underlying substantive litigation claim as reasonably quickly as possible. Failure to do this can lead to the freezing order being discharged.
It should always be remembered that the freezing order / freezing injunction is there to protect the applicant in terms of future likely recoveries but is not in itself a cause of action.
The applicant is therefore obliged to ensure that the underlying legal claim against the respondent is progressed as quickly as possible. To do so, the applicant needs to issue a claim form setting out the brief “particulars of the claim” on either the same day as the granting of the freezing order or, if late in the day, the next day. That claim form needs to be included in the papers to be served upon the respondent (unless already served).
Please contact one of our friendly expert freezing order solicitors for assistance with freezing injunction questions. Whatever your question, we can help you.
